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More on Mediation

Setting a Mediation Session

To begin the scheduling of a mediation, please call to discuss potential availability. Once tentative dates have been identified, the parties then must send an email which provides:

1 – the full names of all parties and individuals anticipated to participate in connection with a party, including insurance carriers and representatives;

2 – the names and complete contact information (telephone, fax, address and email) for all counsel; and

3 – the parties' agreed allocation of the mediation fee and any expenses.

Once this information is received, a conflicts check done and any disclosures made, the scheduling of the mediation may proceed. In this regard, it should be noted that any date contemplated for a mediation session will be confirmed only upon receipt by the mediator of, among other things, payment in full received no later than fourteen calendar days prior to the date contemplated.


Rates

There are no administrative fees or charges for pre-mediation conferencing, study or preparation.

The fee for mediation is $400.00 per hour, with a four-hour minimum. The fee for time beyond the four-hour minimum will be at the same hourly rate, billed in half-hour increments, and due within ten calendar days of invoice date. Rates may increase where three or more parties are involved. Please call to discuss.

Where travel to a mediation is necessary, there is no mileage or charge for travel time where the destination is within a twenty-five mile radius of Newport Beach. Within this distance are included all cities within Orange County, and such Los Angeles County cities as Long Beach and Whittier. For mediations contemplated outside of this area, please call to discuss possible distance-related charges.


Cancellation or Postponement

In the event a mediation is canceled (or postponed) no later than seven calendar days prior to the session date, fifty percent of the fees prepaid are non-refundable. Where the mediation is rescheduled within thirty calendar days and occurs within 120 calendar days of the initial session date, associated fees will be discounted in an amount equal to fifty-percent of the cancellation fee. To be deemed effective, any notice of cancelation or postponement is to be in writing or by email, and copied to all parties.


Location and Facilities

Mediations may be conducted at the Newport Beach facilities of Chamberlain and Viau. If a party anticipates more than ten people in attendance on its behalf or, if a joint session is likely to involve more than ten participants, please call to discuss alternative arrangements.


Mediation Statements

Mediation statements are required and should be provided no later than seven calendar days before the date set for the mediation. This statement, whether in the form of a brief, letter or informal memo, should not exceed ten pages, exclusive of exhibits. Where a statement together with its exhibits does not exceed twenty pages, the statement and exhibits may be emailed or faxed. A hard copy of any statement in excess of twenty pages is to be sent by overnight delivery.

At the discretion of each party, all or a portion of their statement may be exchanged, or kept confidential and for the mediator's eyes only.

Statements should include a summary of facts, theories of recovery, and any authority which counsel believes is controlling or particularly persuasive, together with a description of the procedural posture of the case, the status of discovery, and any information relating to settlement, whether attempted or proposed. Ultimately, each party's statement should set forth what that party claims to have happened, and the evidence which supports that account.


NOTE: The terms above do not apply to mediations arranged through a court-connected program or other mediation panel. In those instances, the protocols of each program are followed as to such things as scheduling, postponement, cancellation, fees, and expenses.

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